FRO VS. QUALIFYING AGENT: FLORIDA FUNCTIONS & FINANCIALS

9 August, 2020

Florida law splits construction compliance into two powerhouse positions:

  • QUALIFYING AGENT (QA) – the license and field authority
  • FINANCIALLY RESPONSIBLE OFFICER (FRO) – the money and liability gatekeeper

Mix them up and you invite suspended licenses, stalled permits, and six-figure fines. Let’s unpack the roles—and show you how to keep each airtight.

ROLES & RESPONSIBILITIES REVEALED

Florida Statute 489.119 designates the QA as the individual whose personal license allows a business entity to pull permits and perform work. A primary QA must approve checks, contracts, and supervise all job-site activity. Florida LegislatureCobb & Gonzalez, P.A.

Conversely, DBPR Form CILB-8 requires an FRO to “assume all financial liabilities” for the firm and maintain the statutory bond. My Florida LicenseMy Florida License

TASKQAFRO
Pull & sign building permits
Oversee workmanship & code compliance
Approve or sign checks, drafts, contracts✔*
Maintain financial records & payables
Post & renew $100 000 surety bond

*Primary QAs share contract-signing power but should never handle day-to-day bookkeeping; that’s the FRO’s lane.


MONEY MATTERS: THE $100 000 BOND & BEYOND

Every FRO must file a $100 000 surety bond or irrevocable letter of credit payable to the Construction Industry Licensing Board (CILB). My Florida LicenseFlorida Surety Bonds

  • Annual premium: ~$750–$1 000 for good credit (0.75–1 %) BondExchange
  • Purpose: Covers DBPR fines, unpaid suppliers, and homeowner recovery claims.
  • Renewal: Aligns with the company’s fiscal year; lapsed bonds trigger immediate license suspension.

Pro tip: Track bond expiration in your project-management calendar 60 days out and task your surety broker for auto-renewal quotes.


  1. Dual-Hat Danger – One person can hold both titles, but courts view that as a conflict of interest. Separate roles = stronger risk firewall.
  2. Over-Extended Agents – A QA linked to three or more active businesses must gain CILB approval via a formal board appearance, delaying projects 30–60 days. My Florida License
  3. Unreported Changes – DBPR demands notice within 30 days when a QA or FRO departs. Miss the window and permits become invalid.
  4. Bond Lapse Liability – If the FRO bond expires, both the FRO and QA are jointly liable for fines and unlicensed-practice penalties.

COMPLIANCE CHECKLIST

CheckpointFrequencyOwner
Verify QA & FRO license status on DBPR portalMonthlyOffice manager
Confirm $100 000 bond active & uploaded60 days before renewalFRO
Site-visit log signed by QABi-weekly per jobSuperintendent
Separate signature blocks on contracts (> $10 k)Every contractLegal
Annual financial audit sent to QA & FROYear-endCPA

Download this as a fillable PDF for your records (link it to your gated resource library).


CASE STUDY: SMALL BUILDER, BIG RISK

Background – Orlando remodeler “SunState Homes” hired a QA who also handled invoices “to keep overhead low.” A vendor lawsuit alleged unpaid material bills.

Issue – Because the QA had signing authority on checks and field oversight, the court deemed the company’s separation of duties negligent. The FRO bond had lapsed 45 days earlier.

Outcome

  • $37 000 judgment + $5 000 DBPR fine.
  • QA’s personal license suspended six months.
  • Company forced to halt three active projects pending a new FRO bond filing.

Lesson – Clear role lines and bond tracking would have blocked the domino effect.


FAQ FAST FIVE

  1. Can one person serve as both QA and FRO?
    Legally yes, but you sacrifice risk insulation and may scare surety underwriters.
  2. Is a $100 000 bond ever waived?
    No. Statute sets the amount statewide, regardless of project size. Florida Surety Bonds
  3. Do out-of-state contractors need a Florida-based FRO?
    Yes, the FRO must reside in the U.S. and meet Florida credit/bond rules; most firms appoint their CFO or hire a Florida consulting officer.
  4. What if my QA quits mid-project?
    File a Change Qualifying Agent application within 30 days and assign a secondary QA or halt permits.
  5. Where do I buy the bond?
    Any Florida-licensed surety producer; expect a soft-credit pull and same-day quotes.

CONCLUSION & CALL-TO-ACTION

Think of the Qualifying Agent as your construction conscience and the Financially Responsible Officer as your financial firewall. Keep their duties distinct, documents current, and bonds active to run projects—and profits—without pause.

Next Step: Book a complimentary 15-minute compliance consult with Florida Contractor Qualifier. We’ll review your QA/FRO paperwork, bond renewals, and site-visit logs—and map a risk-free plan before your next bid.

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